(1) IN GENERAL- (A)
Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of such Act in fiscal year 1999 is increased by a number equal to the number of
aliens who are issued such a visa or provided such status during the period
beginning on the date on which the limitation in such section 214(g)(1)(A)(ii)
is reached and ending on September 30, 1999.

(B) In the case of any alien on
behalf of whom a petition for status under section 101(a)(15)(H)(i)(b) is filed
before September 1, 2000, and is subsequently approved, that alien shall be
counted toward the numerical ceiling for fiscal year 2000 notwithstanding the
date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii)
of the Immigration and Nationality Act, the total number of aliens who may be
issued visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number
equal to the number of aliens who may be issued visas or otherwise provided
nonimmigrant status who filed a petition during the period beginning on the date
on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending
on August 31, 2000.

(2) EFFECTIVE DATE- Paragraph (1)
shall take effect as if included in the enactment of section 411 of the
American Competitiveness and Workforce Improvement Act of 1998 (as contained in
title IV of division C of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277).

Section 214(g) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the
following new paragraphs:

`(5) The numerical limitations
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued
a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who is
employed (or has received an offer of employment) at--

`(A) an institution of higher
education (as defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))), or a related or affiliated nonprofit entity; or

`(B) a nonprofit research
organization or a governmental research organization.

`(6) Any alien who ceases to be
employed by an employer described in paragraph (5)(A) shall, if employed as a
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), who has not
previously been counted toward the numerical limitations contained in paragraph
(1)(A), be counted toward those limitations the first time the alien is
employed by an employer other than one described in paragraph (5).

`(7) Any alien who has already been
counted, within the 6 years prior to the approval of a petition described in
subsection (c), toward the numerical limitations of paragraph (1)(A) shall not
again be counted toward those limitations unless the alien would be eligible
for a full 6 years of authorized admission at the time the petition is filed.
Where multiple petitions are approved for 1 alien, that alien shall be counted
only once.'.

SEC. 104.
LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.

(a) SPECIAL RULES- Section 202(a)
of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended by adding
at the end the following new paragraph:

`(5) RULES FOR EMPLOYMENT-BASED
IMMIGRANTS-

`(A) EMPLOYMENT-BASED IMMIGRANTS
NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the
total number of visas available under paragraph (1), (2), (3), (4), or (5) of
section 203(b) for a calendar quarter exceeds the number of qualified
immigrants who may otherwise be issued such visas, the visas made available
under that paragraph shall be issued without regard to the numerical limitation
under paragraph (2) of this subsection during the remainder of the calendar
quarter.

`(B) LIMITING FALL ACROSS FOR CERTAIN
COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or
dependent area to which subsection (e) applies, if the total number of visas
issued under section 203(b) exceeds the maximum number of visas that may be
made available to immigrants of the state or area under section 203(b)
consistent with subsection (e) (determined without regard to this paragraph),
in applying subsection (e) all visas shall be deemed to have been required for
the classes of aliens specified in section 203(b).'.

(2) Section 202(e)(3) of the
Immigration and Nationality Act (8 U.S.C. 1152(e)(3)) is amended by striking
`the proportion of the visa numbers' and inserting `except as provided in
subsection (a)(5), the proportion of the visa numbers'.

(c) ONE-TIME PROTECTION UNDER PER
COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--

(1) is the beneficiary of a
petition filed under section 204(a) of that Act for a preference status under
paragraph (1), (2), or (3) of section 203(b) of that Act; and

(2) is eligible to be granted that
status but for application of the per country limitations applicable to
immigrants under those paragraphs,

may apply for, and the Attorney
General may grant, an extension of such nonimmigrant status until the alien's
application for adjustment of status has been processed and a decision made
thereon.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.

(a) IN GENERAL- Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end
the following new subsection:

`(m)(1) A nonimmigrant alien
described in paragraph (2) who was previously issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to
accept new employment upon the filing by the prospective employer of a new
petition on behalf of such nonimmigrant as provided under subsection (a).
Employment authorization shall continue for such alien until the new petition
is adjudicated. If the new petition is denied, such authorization shall cease.

`(2) A nonimmigrant alien described
in this paragraph is a nonimmigrant alien--

`(A) who has been lawfully
admitted into the United States;

`(B) on whose behalf an employer
has filed a nonfrivolous petition for new employment before the date of
expiration of the period of stay authorized by the Attorney General; and

`(C) who, subsequent to such
lawful admission, has not been employed without authorization in the United
States before the filing of such petition.'.

(b) EFFECTIVE DATE- The amendment
made by subsection (a) shall apply to petitions filed before, on, or after the
date of enactment of this Act.

SEC. 106. SPECIAL
PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

(a) EXEMPTION FROM LIMITATION- The
limitation contained in section 214(g)(4) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(4)) with respect to the duration of authorized stay shall
not apply to any nonimmigrant alien previously issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on
whose behalf a petition under section 204(b) of that Act to accord the alien
immigrant status under section 203(b) of that Act, or an application for
adjustment of status under section 245 of that Act to accord the alien status
under such section 203(b), has been filed, if 365 days or more have elapsed
since--

(1) the filing of a labor
certification application on the alien's behalf (if such certification is
required for the alien to obtain status under such section 203(b)); or

(2) the filing of the petition
under such section 204(b).

(b) Extension of H-1B WORKER
STATUS- The Attorney General shall extend the stay of an alien who qualifies
for an exemption under subsection (a) in one-year increments until such time as
a final decision is made on the alien's lawful permanent residence.

(c) INCREASED JOB FLEXIBILITY FOR
LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS- (1) Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following new subsection:

`(j) JOB FLEXIBILITY FOR LONG
DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition
under subsection (a)(1)(D) for an individual whose application for adjustment
of status pursuant to section 245 has been filed and remained unadjudicated for
180 days or more shall remain valid with respect to a new job if the individual
changes jobs or employers if the new job is in the same or a similar
occupational classification as the job for which the petition was filed.'.

(2) Section 212(a)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding
at the end the following new clause:

`(iv) LONG DELAYED ADJUSTMENT
APPLICANTS- A certification made under clause (i) with respect to an individual
whose petition is covered by section 204(j) shall remain valid with respect to
a new job accepted by the individual after the individual changes jobs or
employers if the new job is in the same or a similar occupational
classification as the job for which the certification was issued.'.

(d) RECAPTURE OF UNUSED
EMPLOYMENT-BASED IMMIGRANT VISAS-

(1) IN GENERAL- Notwithstanding
any other provision of law, the number of employment-based visas (as defined in
paragraph (3)) made available for a fiscal year (beginning with fiscal year
2001) shall be increased by the number described in paragraph (2). Visas made
available under this subsection shall only be available in a fiscal year to
employment-based immigrants under paragraph (1), (2), or (3) of section 203(b)
of the Immigration and Nationality Act.

(2) NUMBER AVAILABLE-

(A) IN GENERAL- Subject to
subparagraph (B), the number described in this paragraph is the difference
between the number of employment-based visas that were made available in fiscal
years 1999 and 2000 and the number of such visas that were actually used in
such fiscal years.

(B) REDUCTION- The number
described in subparagraph (A) shall be reduced, for each fiscal year after
fiscal year 2001, by the cumulative number of immigrant visas actually used
under paragraph (1) for previous fiscal years.

(C) CONSTRUCTION- Nothing in this
paragraph shall be construed as affecting the application of section
201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).

(3) EMPLOYMENT-BASED VISAS
DEFINED- For purposes of this subsection, the term `employment-based visa'
means an immigrant visa which is issued pursuant to the numerical limitation
under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).

SEC. 107.
EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL YEAR 2002.

(b) DEPARTMENT OF LABOR
INVESTIGATIVE AUTHORITIES- Section 413(e)(2) of the American Competitiveness
and Workforce Improvement Act of 1998 (as contained in title IV of division C
of Public Law 105-277) is amended by striking `September 30, 2001' and
inserting `September 30, 2003'.

SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.

Section 214(g)(3) of the
Immigration and Nationality Act (8 U.S.C. 1184 (g)(3)) is amended to read as
follows:

`(3) Aliens who are subject to the
numerical limitations of paragraph (1) shall be issued visas (or otherwise
provided nonimmigrant status) in the order in which petitions are filed for
such visas or status. If an alien who was issued a visa or otherwise provided
nonimmigrant status and counted against the numerical limitations of paragraph
(1) is found to have been issued such visa or otherwise provided such status by
fraud or willfully misrepresenting a material fact and such visa or
nonimmigrant status is revoked, then one number shall be restored to the total
number of aliens who may be issued visas or otherwise provided such status
under the numerical limitations of paragraph (1) in the fiscal year in which
the petition is revoked, regardless of the fiscal year in which the petition
was approved.'.

SEC. 109. NSF STUDY AND REPORT ON THE `DIGITAL DIVIDE'.

(a) STUDY- The National Science
Foundation shall conduct a study of the divergence in access to high technology
(commonly referred to as the `digital divide') in the United States.

(b) REPORT- Not later than 18
months after the date of enactment of this Act, the Director of the National
Science Foundation shall submit a report to Congress setting forth the findings
of the study conducted under subsection (a).

`(A) IN GENERAL- 15 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain
available to the Director of the National Science Foundation until expended to
carry out a direct or matching grant program to support private-public
partnerships in K-12 education.

`(B) TYPES OF PROGRAMS COVERED-
The Director shall award grants to such programs, including those which support
the development and implementation of standards-based instructional materials
models and related student assessments that enable K-12 students to acquire an
understanding of science, mathematics, and technology, as well as to develop
critical thinking skills; provide systemic improvement in training K-12
teachers and education for students in science, mathematics, and technology;
support the professional development of K-12 math and science teachers in the
use of technology in the classroom; stimulate system-wide K-12 reform of
science, mathematics, and technology in rural, economically disadvantaged
regions of the United States; provide externships and other opportunities for
students to increase their appreciation and understanding of science,
mathematics, engineering, and technology (including summer institutes sponsored
by an institution of higher education for students in grades 7-12 that provide
instruction in such fields); involve partnerships of industry, educational institutions,
and community organizations to address the educational needs of disadvantaged
communities; provide college preparatory support to expose and prepare students
for careers in science, mathematics, engineering, and technology; and provide
for carrying out systemic reform activities under section 3(a)(1) of the
National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).';

(4) in paragraph (6), by striking
`6 percent' and inserting `5 percent'; and

(5) in paragraph (6), by striking
`3 percent' each place it appears and inserting `2.5 percent'.

(b) LOW-INCOME SCHOLARSHIP PROGRAM-
Section 414(d)(3) of the American Competitiveness and Workforce Improvement Act
of 1998 (as contained in title IV of division C of Public Law 105-277) is
amended by striking `$2,500 per year.' and inserting `$3,125 per year. The
Director may renew scholarships for up to 4 years.'.

(c) REPORTING REQUIREMENT- Section
414 of the American Competitiveness and Workforce Improvement Act of 1998 (as
contained in title IV of division C of Public Law 105-277) is amended by adding
at the end the following new subsection:

`(e) REPORTING REQUIREMENT- The
Secretary of Labor and the Director of the National Science Foundation shall--

`(A) FUNDING- The Secretary of
Labor shall use funds available under section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or
projects to provide technical skills training for workers, including both
employed and unemployed workers.

`(B) TRAINING PROVIDED- Training
funded by a program or project described in subparagraph (A) shall be for
persons who are currently employed and who wish to obtain and upgrade skills as
well as for persons who are unemployed. Such training is not limited to skill
levels commensurate with a four-year undergraduate degree, but should include
the preparation of workers for a broad range of positions along a career
ladder. Consideration shall be given to the use of grant funds to demonstrate a
significant ability to expand a training program or project through such means
as training more workers or offering more courses, and training programs or projects
resulting from collaborations, especially with more than one small business or
with a labor-management training program or project. The need for the training
shall be justified through reliable regional, State, or local data.

`(2) GRANTS-

`(A) ELIGIBILITY- To carry out the
programs and projects described in paragraph (1)(A), the Secretary of Labor
shall, in consultation with the Secretary of Commerce, subject to the
availability of funds in the H-1B Nonimmigrant Petitioner Account, award--

`(i) 75 percent of the grants to a
local workforce investment board established under section 116(b) or section
117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of
such boards in a region. Each workforce investment board or consortia of boards
receiving grant funds shall represent a local or regional public-private
partnership consisting of at least--

`(I) one workforce investment
board;

`(II) one community-based
organization or higher education institution or labor union; and

`(III) one business or
business-related nonprofit organization such as a trade association: Provided,
That the activities of such local or regional public-private partnership
described in this subsection shall be conducted in coordination with the
activities of the relevant local workforce investment board or boards
established under the Workforce Investment Act of 1998 (29 U.S.C. 2832); and

`(ii) 25 percent of the grants
under the Secretary of Labor's authority to award grants for demonstration
projects or programs under section 171 of the Workforce Investment Act (29
U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a
business-related nonprofit organization that represents more than one business,
and that may include any educational, labor, community organization, or
workforce investment board, except that such grant funds may be used only to
carry out a strategy that would otherwise not be eligible for funds provided
under clause (i), due to barriers in meeting those partnership eligibility criteria,
on a national, multistate, regional, or rural area (such as rural telework
programs) basis.

`(B) DESIGNATION OF RESPONSIBLE
FISCAL AGENTS- Each partnership formed under subparagraph (A) shall designate a
responsible fiscal agent to receive and disburse grant funds under this
subsection.

`(C) PARTNERSHIP CONSIDERATIONS-
Consideration in the awarding of grants shall be given to any partnership that
involves and directly benefits more than one small business (each consisting of
100 employees or less).

`(D) ALLOCATION OF GRANTS- In
making grants under this paragraph, the Secretary shall make every effort to
fairly distribute grants across rural and urban areas, and across the different
geographic regions of the United States. The total amount of grants awarded to
carry out programs and projects described in paragraph (1)(A) shall be
allocated as follows:

`(i) At least 80 percent of the
grants shall be awarded to programs and projects that train employed and
unemployed workers in skills in high technology, information technology, and
biotechnology, including skills needed for software and communications
services, telecommunications, systems installation and integration, computers
and communications hardware, advanced manufacturing, health care technology, biotechnology
and biomedical research and manufacturing, and innovation services.

`(ii) No more than 20 percent of
the grants shall be available to programs and projects that train employed and
unemployed workers for skills related to any single specialty occupation, as
defined in section 214(i) of the Immigration and Nationality Act.

`(3) START-UP FUNDS-

`(A) IN GENERAL- Except as
provided in subparagraph (B), not more than 5 percent of any single grant, or
not to exceed $75,000, whichever is less, may be used toward the start-up costs
of partnerships or new training programs and projects.

`(B) EXCEPTION- In the case of
partnerships consisting primarily of small businesses, not more than 10 percent
of any single grant, or $150,000, whichever is less, may be used toward the
start-up costs of partnerships or new training programs and projects.

`(C) DURATION OF START-UP PERIOD-
For purposes of this subsection, a start-up period consists of a period of not
more than 2 months after the grant period begins, at which time training shall
immediately begin and no further Federal funds may be used for start-up
purposes.

`(4) TRAINING OUTCOMES-

`(A) CONSIDERATION FOR CERTAIN
PROGRAMS AND PROJECTS- Consideration in the awarding of grants shall be given
to applicants that provide a specific, measurable commitment upon successful
completion of a training course, to--

`(i) articulate the level of
skills that workers will be trained for and the manner by which attainment of
those skills will be measured;

`(ii) include an agreement that
the program or project shall be subject to evaluation by the Secretary of Labor
to measure its effectiveness; and

`(iii) in the case of an
application for a grant under subsection (c)(2)(A)(ii), explain what barriers
prevent the strategy from being implemented through a grant made under
subsection (c)(2)(A)(i).

`(5) MATCHING FUNDS- Each
application for a grant to carry out a program or project described in
paragraph (1)(A) shall state the manner by which the partnership will provide
non-Federal matching resources (cash, or in-kind contributions, or both) equal
to at least 50 percent of the total grant amount awarded under paragraph
(2)(A)(i), and at least 100 percent of the total grant amount awarded under
paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall
be from the business or businesses or business-related nonprofit organizations
involved. Consideration in the award of grants shall be given to applicants
that provide a specific commitment or commitments of resources from other
public or private sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the grant expires.

`(6) ADMINISTRATIVE COSTS- An
entity that receives a grant to carry out a program or project described in
paragraph (1)(A) may not use more than 10 percent of the amount of the grant to
pay for administrative costs associated with the program or project.'.

(1) There is an increasing epidemic
of juvenile crime throughout the United States.

(2) It is well documented that the
majority of juvenile crimes take place during after-school hours.

(3) Knowledge of technology is
becoming increasingly necessary for children in school and out of school.

(4) The Boys and Girls Clubs of
America have 2,700 clubs throughout all 50 States, serving over 3,000,000 boys
and girls primarily from at-risk communities.

(5) The Boys and Girls Clubs of
America have the physical structures in place for immediate implementation of
an after-school technology program.

(6) Building technology centers
and providing integrated content and full-time staffing at those centers in the
Boys and Girls Clubs of America nationwide will help foster education, job
training, and an alternative to crime for at-risk youth.

(7) Partnerships between the
public sector and the private sector are an effective way of providing
after-school technology programs in the Boys and Girls Clubs of America.

(8) PowerUp: Bridging the Digital
Divide is an entity comprised of more than a dozen nonprofit organizations,
major corporations, and Federal agencies that have joined together to launch a
major new initiative to help ensure that America's underserved young people
acquire the skills, experiences, and resources they need to succeed in the
digital age.

(9) Bringing PowerUp into the Boys
and Girls Clubs of America will be an effective way to ensure that our youth
have a safe, crime-free environment in which to learn the technological skills
they need to close the divide between young people who have access to
computer-based information and technology-related skills and those who do not.

(c) AFTER-SCHOOL TECHNOLOGY GRANTS
TO THE BOYS AND GIRLS CLUBS OF AMERICA-

(1) PURPOSES- The Attorney General
shall make grants to the Boys and Girls Clubs of America for the purpose of
funding effective after-school technology programs, such as PowerUp, in order
to provide--

(A) constructive
technology-focused activities that are part of a comprehensive program to provide
access to technology and technology training to youth during after-school
hours, weekends, and school vacations;

(B) supervised activities in safe
environments for youth; and

(C) full-time staffing with
teachers, tutors, and other qualified personnel.

(2) SUBAWARDS- The Boys and Girls
Clubs of America shall make subawards to local boys and girls clubs authorizing
expenditures associated with providing technology programs such as PowerUp,
including the hiring of teachers and other personnel, procurement of goods and
services, including computer equipment, or such other purposes as are approved
by the Attorney General.

(d) APPLICATIONS-

(1) ELIGIBILITY- In order to be
eligible to receive a grant under this section, an applicant for a subaward
(specified in subsection (c)(2)) shall submit an application to the Boys and
Girls Clubs of America, in such form and containing such information as the
Attorney General may reasonably require.

(A) a request for a subgrant to be
used for the purposes of this section;

(B) a description of the
communities to be served by the grant, including the nature of juvenile crime,
violence, and drug use in the communities;

(C) written assurances that
Federal funds received under this section will be used to supplement and not
supplant, non-Federal funds that would otherwise be available for activities
funded under this section;

(D) written assurances that all
activities funded under this section will be supervised by qualified adults;

(E) a plan for assuring that
program activities will take place in a secure environment that is free of
crime and drugs;

(F) a plan outlining the
utilization of content-based programs such as PowerUp, and the provision of
trained adult personnel to supervise the after-school technology training; and

(G) any additional statistical or
financial information that the Boys and Girls Clubs of America may reasonably
require.

(e) GRANT AWARDS- In awarding subgrants
under this section, the Boys and Girls Clubs of America shall consider--

(1) the ability of the applicant
to provide the intended services;

(2) the history and establishment
of the applicant in providing youth activities; and

(3) the extent to which services
will be provided in crime-prone areas and technologically underserved
populations, and efforts to achieve an equitable geographic distribution of the
grant awards.

(f) AUTHORIZATION OF
APPROPRIATIONS-

(1) IN GENERAL- There is
authorized to be appropriated $20,000,000 for each of the fiscal years 2001
through 2006 to carry out this section.

(2) SOURCE OF FUNDS- Funds to
carry out this section may be derived from the Violent Crime Reduction Trust
Fund.

(3) CONTINUED AVAILABILITY-
Amounts made available under this subsection shall remain available until
expended.

SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.

(a) Section 286(s)(5) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(5)) is amended to read as
follows: `4 percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Attorney General until
expended to carry out duties under paragraphs (1) and (9) of section 214(c)
related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b),
under paragraph (1) (C) or (D) of section 204 related to petitions for
immigrants described in section 203(b).'.

(b) Notwithstanding any other
provision of this Act, the figure to be inserted in section 110(a)(2) is deemed
to be `22 percent'; the figure to be inserted in section 110(a)(4) is deemed to
be `4 percent'; and the figure to be inserted in section 110(a)(5) is deemed to
be `2 percent'.

The numerical limitations contained
in section 102 of this title shall not apply to any nonimmigrant alien granted
a waiver that is subject to the limitation contained in paragraph (1)(B) of the
first section 214(l) of the Immigration and Nationality Act (relating to
restrictions on waivers).

SEC. 115. STUDY AND REPORT ON THE `DIGITAL DIVIDE'.

(a) STUDY- The Secretary of
Commerce shall conduct a review of existing public and private high-tech
workforce training programs in the United States.

(b) REPORT- Not later than 18
months after the date of enactment of this Act, the Secretary of Commerce shall
submit a report to Congress setting forth the findings of the study conducted
under subsection (a).

SEC. 116. SEVERABILITY.

If any provision of this title (or
any amendment made by this title) or the application thereof to any person or
circumstance is held invalid, the remainder of the title (and the amendments
made by this title) and the application of such provision to any other person
or circumstance shall not be affected thereby. This section be enacted 2 days
after effective date.

TITLE II--IMMIGRATION SERVICES AND
INFRASTRUCTURE IMPROVEMENTS

SEC. 201. SHORT TITLE.

This title may be cited as the
`Immigration Services and Infrastructure Improvements Act of 2000'.

SEC. 202. PURPOSES.

(a) PURPOSES- The purposes of this
title are to--

(1) provide the Immigration and
Naturalization Service with the mechanisms it needs to eliminate the current
backlog in the processing of immigration benefit applications within 1 year
after enactment of this Act and to maintain the elimination of the backlog in
future years; and

(2) provide for regular
congressional oversight of the performance of the Immigration and
Naturalization Service in eliminating the backlog and processing delays in
immigration benefits adjudications.

(b) POLICY- It is the sense of
Congress that the processing of an immigration benefit application should be
completed not later than 180 days after the initial filing of the application,
except that a petition for a nonimmigrant visa under section 214(c) of the
Immigration and Nationality Act should be processed not later than 30 days
after the filing of the petition.

SEC. 203. DEFINITIONS.

In this title:

(1) BACKLOG- The term `backlog'
means, with respect to an immigration benefit application, the period of time
in excess of 180 days that such application has been pending before the
Immigration and Naturalization Service.

(2) IMMIGRATION BENEFIT
APPLICATION- The term `immigration benefit application' means any application
or petition to confer, certify, change, adjust, or extend any status granted
under the Immigration and Nationality Act.

(a) AUTHORITY OF THE ATTORNEY GENERAL-
The Attorney General shall take such measures as may be necessary to--

(1) reduce the backlog in the
processing of immigration benefit applications, with the objective of the total
elimination of the backlog not later than one year after the date of enactment
of this Act;

(2) make such other improvements
in the processing of immigration benefit applications as may be necessary to
ensure that a backlog does not develop after such date; and

(3) make such improvements in
infrastructure as may be necessary to effectively provide immigration services.

(b) AUTHORIZATION OF
APPROPRIATIONS-

(1) IN GENERAL- There is
authorized to be appropriated to the Department of Justice from time to time
such sums as may be necessary for the Attorney General to carry out subsection
(a).

(2) DESIGNATION OF ACCOUNT IN
TREASURY- Amounts appropriated pursuant to paragraph (1) may be referred to as
the `Immigration Services and Infrastructure Improvements Account'.

(3) AVAILABILITY OF FUNDS- Amounts
appropriated pursuant to paragraph (1) are authorized to remain available until
expended.

(4) LIMITATION ON EXPENDITURES-
None of the funds appropriated pursuant to paragraph (1) may be expended until
the report described in section 205(a) has been submitted to Congress.

SEC. 205. REPORTS TO CONGRESS.

(a) BACKLOG ELIMINATION PLAN-

(1) REPORT REQUIRED- Not later
than 90 days after the date of enactment of this Act, the Attorney General
shall submit a report to the Committees on the Judiciary and Appropriations of
the Senate and the House of Representatives concerning--

(A) the backlogs in immigration
benefit applications in existence as of the date of enactment of this title;
and

(B) the Attorney General's plan
for eliminating such backlogs.

(2) REPORT ELEMENTS- The report
shall include--

(A) an assessment of the data
systems used in adjudicating and reporting on the status of immigration benefit
applications, including--

(i) a description of the adequacy
of existing computer hardware, computer software, and other mechanisms to
comply with the adjudications and reporting requirements of this title; and

(ii) a plan for implementing
improvements to existing data systems to accomplish the purpose of this title,
as described in section 202(a);

(B) a description of the quality
controls to be put into force to ensure timely, fair, accurate, and complete
processing and adjudication of such applications;

(C) the elements specified in
subsection (b)(2);

(D) an estimate of the amount of
appropriated funds that would be necessary in order to eliminate the backlogs
in each category of immigration benefit applications described in subsection
(b)(2); and

(E) a detailed plan on how the
Attorney General will use any funds in the Immigration Services and
Infrastructure Improvements Account to comply with the purposes of this title.

(b) ANNUAL REPORTS-

(1) IN GENERAL- Beginning 90 days
after the end of the first fiscal year for which any appropriation authorized
by section 204(b) is made, and 90 days after the end of each fiscal year
thereafter, the Attorney General shall submit a report to the Committees on the
Judiciary and Appropriations of the Senate and the House of Representatives
concerning the status of--

(A) the Immigration Services and
Infrastructure Improvements Account including any unobligated balances of
appropriations in the Account; and

(B) the Attorney General's efforts
to eliminate backlogs in any immigration benefit application described in
paragraph (2).

(2) REPORT ELEMENTS- The report
shall include--

(A) State-by-State data on--

(i) the number of naturalization
cases adjudicated in each quarter of each fiscal year;

(ii) the average processing time
for naturalization applications;

(iii) the number of naturalization
applications pending for up to 6 months, 12 months, 18 months, 24 months, 36
months, and 48 months or more;

(v) an analysis of the appropriate
processing times for applications or petitions; and

(vi) a description of the
additional resources and process changes needed to eliminate the backlog for
such processing and adjudications; and

(C) a status report on--

(i) applications for adjustments
of status to that of an alien lawfully admitted for permanent residence;

(ii) petitions for nonimmigrant
visas under section 214 of the Immigration and Nationality Act;

(iii) petitions filed under
section 204 of such Act to classify aliens as immediate relatives or preference
immigrants under section 203 of such Act;

(iv) applications for asylum under
section 208 of such Act;

(v) registrations for Temporary
Protected Status under section 244 of such Act; and

(vi) a description of the
additional resources and process changes needed to eliminate the backlog for
such processing and adjudications.

(3) ABSENCE OF APPROPRIATED FUNDS-
In the event that no funds are appropriated subject to section 204(b) in the
fiscal year in which this Act is enacted, the Attorney General shall submit a
report to Congress not later than 90 days after the end of such fiscal year,
and each fiscal year thereafter, containing the elements described in paragraph
(2).